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Court orders injunction against ‘Don’t Ask’ enforcement

Justice Dept. has 60 days to appeal decision

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A California federal court on Tuesday granted an injunction against the enforcement of “Don’t Ask, Don’t Tell” throughout the United States and across the globe.

U.S. District Judge Virginia Phillips confirmed her earlier opinion in September against “Don’t Ask, Don’t Tell” in the case of Log Cabin v. United States by granting an immediate and permanent injunction barring the U.S. government from enforcing the law. Additionally, the court ordered the suspension of all pending proceedings and investigations under “Don’t Ask, Don’t Tell.”

In her injunction, Phillips reiterates that “Don’t Ask, Don’t Tell” violates the free speech and due process rights of gay, lesbian and bisexual service members under the First and Fifth Amendments. Phillips says her injunction “permanently enjoins” the U.S. government “from enforcing or applying the ‘Don’t Ask, Don’t Tell’ Act and implementing regulations, against any person under their jurisdiction or command.”

The Justice Department has 60 days to determine whether or not to appeal the decision to the U.S. Ninth Circuit Court of Appeals. Tracy Schmaler, a Justice Department spokesperson, said the U.S. government is reviewing the ruling.

President Obama has pledged to end “Don’t Ask, Don’t Tell.” Many opponents of the law, including members of Congress, have urged the president not to appeal the court decision.

During a press conference Tuesday, White House Press Secretary Robert Gibbs deferred comment on the injunction to the Justice Department.

“Obviously there have been a number of court cases that have ruled in favor of plaintiffs in this case,” Gibbs added. “And the President will continue to work as hard as he can to change the law that he believes is fundamentally unfair.”

Christian Berle, acting executive director for the National Log Cabin Republicans, which filed the lawsuit in 2004, said the court’s decision is the only “reasonable solution” in how to handle “Don’t Ask, Don’t Tell” in the wake of the ruling finding the law violated service members’ constitutional rights.

“These soldiers, sailors, airmen and Marines sacrifice so much in defense of our nation and our Constitution,” he said. “It is imperative that their constitutional freedoms be protected as well.”

Berle added the injunction strengthens national defense because the U.S. government is no longer compelled to “discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination.”

Francine Minadeo, a spokesperson for White & Case LLP, which represented Log Cabin in the case, said the order has no stay of injunction and the firm doesn’t know whether the government will appeal the decision.

Aaron Tax, legal director for the Servicemembers Legal Defense Network, said his also organization applauds the ruling, but warned gay, lesbian and bisexual service members in the U.S. military against making their sexual orientation public in the wake of the Phillips’ order.

“This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the Ninth Circuit where her decision may well be reversed,” Tax said. “Service members must proceed safely and should not come out at this time.”

Greg Rinckey, an attorney with Tully-Rinckey, which handles “Don’t Ask, Don’t Tell” cases, also said LGBT service members remain “in danger” if they decide to come out.

“I envision there will be an appeal filed [Tuesday or Wednesday] requesting an injunction for a stay on it, so it’s definitely not safe to come out now,” Rinckey said.

Alexander Nicholson, executive director of Servicemembers United and sole named veteran plaintiff in the lawsuit, called the order “another historic and courageous step in the right direction.”

“While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit,” he said. “If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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